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B-LAW NOTES: EMPLOYMENT LAW PG 1315. I. 4 Main Types of Employment law: a. Discrimination b. Employee privacy c. Common Law d.

Claims for wrongful discharge Regulations of Business: Protecting the health, safety, and well Being of workers and their families 1. Workers Compensation 2. Occupational safety and health act 3. Family and medical leave act 1. Unemployment compensation 2. Social Security 3. ERISA 4. Fair Labor Standards Act 1. Labor Law 1. Equal Pay Act 2. Title VII 3. Age Discrimination in Emplyment Act 4. Americans with Disabilities Act 5. Other federal and state measures 1. Employee Polygraph Protection Act 2. Various restrictions on drug testing, searches, surveillance, improper use of records, unfair references. 1. Exceptions to employment at will

Protecting wages, pensions, and benefits Collective bargaining and union activity

Protecting Equal Opportunity

Protecting Employment Privacy

Enhancing job security II.

Legislation Protecting Employee Health, Safety, and Well-Being a. Workers Compensation i. Protects only employees, and NOT independent contractors. (some states exempt casual, agricultural, and domestic employees among others.) ii. States usually exempt certain employees- For example, firms employing fewer than a stated number of employees(often three). iii. Basic features shared by all where workers comp applies: 1. They allow injured employees to recover under strict liability. (removing any need to prove employer negligence).

iv. Here. Positional Risk test – an injured employee recovers if her employment caused her to be at the place and time where her injury occurred. the factory worker probably would recover. determining in-the-course-of-employment: 1. inquires weather the injury occurred within the time. and the fellow-servant rule. Tests to determine arising-out-of-the-employment relationship 1. if a factory worker was assaulted by a trespasser he or she probably would not recover. place and circumstances of the employment. Arise out of the employment 2. Disability benefits 3.2. And employee may be covered where the off-thepremises injury occurred while she was performing employment-related duties such as going on a business trip or running an errand. 2. 3. The Dulen case that follows seems to adopt this test. Specified recoveries for the loss of certain body parts 4. Meaning. . Death benefits to survivors and/or dependents. Increased Risk test . assumption of risk. Hospital and medical expenses (including vocational rehab) 2. Employees injured off the employer’s premises generally are outside the course of the employment. The Occupational Safety and Health Act (OSHA). b. whereas a security guard probably would. exceptions to the rule are: where an employer intentionally injures an employee in which case the injured employee can sue outside of workers comp. Work Related Injury Requirements/conditions: 1. Recoveries 1.the employee recovers only if the nature of her job increases her risk of injury above the risk to which the general public is exposed. Happen in the course of the employment vi. Workers comp is an employees exclusive remedy . v. They eliminate the traditional defenses such as: contributory negligence. 2. – the most important measure directly regulating workplace safety. vii. 3.

or parent with a serious health condition 4. Usually the leave is without pay. The need to care for a spouse child. and disclosure requirements.i. ii. . c. a. The US government. The adoption of a child 3. It imposes a flat % tax on all employee income below a certain base figure and requires emplyers t pay a matching amount. 2. The birth of a child and the need to care for that child 2. it requires that covered plans provide annual reports to their participants and specifies the contents of those reports. Self-employed people pay a different rateon a different wage base. unless this is clearly imprudent. For example. Unemployment Compensation i. it requires that mangers diversify the plan’s investments to minimize the risk of large lasses. For example. Employee Retirement Income Security Act (ERISA). Is financed by the FICA (Federal Insurance Contributions Act ). Finances the Medicare system. ii. reporting. c. Legislation Protecting Wages Pensions. and Benefits. they are protected by other legislation. ii. Imposes record keeping. 1. Covers federal and state and local govt agencies. Emps. by an employer employing 50 or more employees. III. are entitled to a total of 12 workweeks of leave during any 12 month period for one or more of these reasons: 1. Social Security i. Checks for abuses and protects employees’ expectations that promised pension benefits will be paid. b. iii. The emplyees own serious health condition a. The Family and Medical Leave Act – the act covers those employed for at least 12 months and for 1250 hours during those 12 months. i. Imposes fiduciary duties on pension fund managers. The act has provision guaranteeing employee participation in the plan. iv. State govt and their political subdivisions are exempt from OSHA. i. Funded by the federal and state unemployment tax. Imposes a duty on employer to provide their employees with a workplace and jobs free from recognized hazards that may cause death or serious physical harm.

2. join and assist labor organizations. It also allowed them to bargain collectively through their own representatives. LaGuardia Act of 1932 – limited the circumstances in which federal courts could enjoin strikes and picketing in labor disputes. Employment of children aged 16-17 who work in occupations declared particularly hazardous by the Labor Department. it prohibited certain unfair labor practices that were believed to discourage collective bargaining. Most employment of children below the age of 14 ii. National Labor Relations Act of 1935 (NLRA or Wagner Act. and 2. and 4. The Fair Labor Standards Act i. Forbids oppressive child labor by any employer engaged in interstate commerce or in the production of goods for such commerce. In addition. Forbids the interstate shipment of goods produced in an establishment where oppressive child labor occurs. join. and also prohibited federal court enforcement of yellow-dog contracts. 3. 5. A Time-and-a half rate for work exceeding 40 hours per week. In case of a suit by the Labor Department terminates an employee’s right to sue. and assist labor unions. A specified minimum wage whose amount changes over time. These practices include: 1. iii. Railroad Labor Act 1926 – regulates labor relations in the railroad industry. Regulates wages and hours by entitling covered employees to: 1. Collective Bargaining and Union Activity i. and later airlines. but the department pays the amounts it recovers to the employee. Dominating or interfering with the formation or administration of a labor union. most important act) –gave employees the right to organize by enabling them to form. a.d. Oppressive Child Labor includes: i. e. Employment of children aged 14-15. unless they work in an occupation specifically approved by the department of Labor iii. ii. Interfering with employees’ rights to form. or giving a union financial or other support .

and 2. LMRA or Taft Hartley Act (An ammendement to NLRA)- . Discriminating against employees because they have filed charges or given testimony under the NLRA and. or any term of employment due to their union membership 4. 5.3. Discriminating against employees in hiring. v. Refusing to bargain collectively with any duly designated employee representative iv. NLRA established the NLRB (National Labor Relations Board) 1. NLRB handles representation cases (which involve the process by which a union becomes the certified employee representative within a bargaining unit). tenure. Deciding weather challenged employer or union activity is an unfair labor practice.